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Home My WebLink About167-00 RESOLUTIONRESOLUTION NO. 167-00 • MICROFILMED A RESOLUTION AUTHORIZING TCA CABLE PARTNERS TO TEMPORARILY OPERATE THE CABLE COMMUNICATIONS SYSTEM. WHEREAS, the City of Fayetteville, Arkansas ("City") passed and adopted an Ordinance (hereinafter referred to as the "Franchise") granting a non-exclusive franchise; and WHEREAS, the Franchise is currently held by TCA Cable Partners ("TCA"); and WHEREAS, pursuant to Section 47 U.S.C. § 546(a) TCA provided notification to the City of TCA's intent to seek renewal of the Franchise under 4 U.S.C. § 546(a -g); and WHEREAS, pursuant to Section 47 U.S.C. § 546 (a) the City properly commenced franchise renewal proceedings; and WHEREAS, the City and TCA have agreed, pursuant to 47 U.S.C. § 546(h), to conduct franchise renewal negotiations informally in an attempt to reach a mutually acceptable franchise agreement; and WHEREAS, the City and TCA are interested in continuing informal discussions and negotiations regarding franchise renewal; and WHEREAS, both the City and TCA desire to expressly reserve all of their respective rights under state and federal law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS• Section 1. The City hereby authorizes TCA to operate the cable television system in the City of Fayetteville, in full compliance with all of the terms and conditions of the Franchise, for a period commencing on January 1, 2001 and continuing through either the date of which TCA's Franchise is either renewed or until February 28, 2001 whichever shall first occur. Section 2. This Resolution shall become effective upon the occurrence of both of the following conditions: 1) The resolution being passed and adopted by the City Council of the City of Fayetteville, and 2) TCA's acceptance of this resolution and the Franchise for the term specified in paragraph (1) above, provided TCA accepts and agrees Page 2 Resolution No. 16)-00 to each and every term of this resolution and the Franchise within fourteen (14) days from the date of this resolution is passed and adopted. PASSED AND APPROVED this 19th day of December , 2000. APPROVED: By: 4/441 - ATTEST: ATTEST: Bv: Heather Woodruff, Ci Clerk Fred Hanna, Mayor NAME OF FILE: 41) 12,42eVire ,14 . ,/ 7 £ t) CROSS REFERENCE:. g -o/ tee Date Contents of File Initials 4 -/tee /6 .7 - GO t f. -2e a -Pi -Dl 7..(0�/042/_.e-e a3-8747 % - . `t -V12/3 -o/ $77e4 � A /,4. o) -7-n .ed /- 9-6V v� d&R T�,A �`� aa/o/y/4 Illi 4 � eadit /7 ,e,7‘70 275/ij7 /..d/ tee Page 3 Resolution No. 167-00 • • ACCEPTANCE � TCA Cable Partners, hereby acknowledges the City ofFayetteville, Arkansas' Resolution No. rr (Pt- DO ("Resolution") and Ordinance No. 3413 , attached hereto and referenced in the Resolution ("Franchise") and hereby accepts each and every term, provision and recital of the Resolution and agrees to be bound by the terms and provisions of the Franchise in accordance with the Resolution. Dated: T1u\ucal, 4- , 200,3 TCA CABLE PARTNERS* By: Its: e Pre%idenp/ of TCA Interests, LLC SUBSCRIBED AND SWORN to before me this My Commission Expires: Notary Public, Gwinnetl County, Georgia It y Commisdon Prpiraa March 31, 2004 ^ ratt1 •Fx :r. ...d, - day of C.A 04_00 .�, 200 7 Notary Public * by TCA Holdings, L.P., a generalpartner of TCA Cable Partners, by TCA Interests, LLC, the general partner of TCA Holdings, L.P. ORDINANCE NO. 3413 FOR RECORD "89 JUL 6 Pf9 2 96 WASHINulu!v GO AR A. KOLLMEYER AN ORDINANCE APPROVING A FRANCHISE AGREEMENT WITH WARNER CABLE COMMUNICATIONS, INC. FOR THE USE AND OCCUPANCY OF PUBLIC STREETS, ALLEYS AND PLACES TO CONSTRUCT, OPERATE AND MAINTAIN A BROAD BAND TELECOMMUNICATIONS NETWORK FOR THE PURPOSE OF CABLE TV TRANSMISSION. CC MICROFILMED OR BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The Board of Directors hereby approves the franchise agreement with Warner Cable Communications, Inc. attached hereto, marked Exhibit "A", and made a part hereof authorizing the use and occupancy of the public streets, alleys and other public place to construct, operate and maintain a broad band telecommunications network for the purpose of cable TV transmission. SECTION 2. The Mayor and City Clerk are hereby authorized and directed to execute the aforesaid franchise agreement. SECTION 3. All ordinances in conflict with the provisions of the Franchise approved hereby are hereby repealed on the effective date of said franchise. PASSED AND APPROVED this 7th day of March , 1989. APPROVED By: /414/40;e.U Q/llsai Mayor IIBEE 1324ncc 765 • • Page 2 Resolution No. 164-00 to each and every term of this resolution and the Franchise within fourteen (14) days from the date of this resolution is passed and adopted. PASSED AND APPROVED this 19th day of December , 2000. APPROVED/ By: Fred Hanna, Mayor ATTEST: Heather Woodrufferk • • • RESOLUTION NO. 167-00 A RESOLUTION AUTHORIZING TCA CABLE PARTNERS TO TEMPORARILY OPERATE THE CABLE COMMUNICATIONS SYSTEM. WHEREAS, the City of Fayetteville, Arkansas ("City") passed and adopted an Ordinance (hereinafter referred to as the "Franchise") granting a non-exclusive franchise; and WHEREAS, the Franchise is currently held by TCA Cable Partners ("TCA"); and WHEREAS, pursuant to Section 47 U.S.C. § 546(a) TCA provided notification to the City of TCA's intent to seek renewal of the Franchise under 4 U.S.C. § 546(a -g); and WHEREAS, pursuant to Section 47 U.S.C. § 546 (a) the City properly commenced franchise renewal proceedings; and WHEREAS, the City and TCA have agreed, pursuant to 47 U.S.C. § 546(h), to conduct franchise renewal negotiations informally in an attempt to reach a mutually acceptable franchise agreement; and WHEREAS, the City and TCA are interested in continuing informal discussions and negotiations regarding franchise renewal; and WHEREAS, both the City and TCA desire to expressly reserve all of their respective rights under state and federal law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The City hereby authorizes TCA to operate the cable television system in the City of Fayetteville, in full compliance with all of the terms and conditions of the Franchise, for a period commencing on January 1, 2001 and continuing -through either the date of which TCA's Franchise is either renewed or until February 28, 2001 whichever shall first occur. Section 2. This Resolution shall become effective upon the occurrence of both of the following conditions: 1) The resolution being passed and adopted by the City Council of the City of Fayetteville, and 2) TCA's acceptance of this resolution and the Franchise for the term specified in paragraph (1) above, provided TCA accepts and agrees • • Page 3 Resolution No. 167-00 ACCEPTANCE TCA Cable Partners, hereby acknowledges the City of Fayetteville, Arkansas' Resolution No. ("Resolution") and Ordinance No. , attached hereto and referenced in the Resolution ("Franchise") and hereby accepts each and every term, provision and recital of the Resolution and agrees to be bound by the terms and provisions of the Franchise m accordance with the Resolution. Dated: , 2000 TCA CABLE PARTNERS By: Its: SUBSCRIBED AND SWORN to before me this day of , 2000. My Commission Expires: Notary Public • Page 3 Resolution No. 167-00 ACCEPTANCE • TCA Cable Partners, hereby acknowledges the City of Fayetteville, Arkansas' Resolution No. ("Resolution") and Ordinance No. , attached hereto and referenced in the Resolution ("Franchise") and hereby accepts each and every term, provision and recital of the Resolution and agrees to be bound by the terms and provisions of the Franchise in accordance with the Resolution. Dated: , 2000 TCA CABLE PARTNERS By: Its: SUBSCRIBED AND SWORN to before me this day of , 2000. My Commission Expires: Notary Public FAYETTEVWLE • THE CITY OF FAYETTEVILLE, ARKANSAS January 3, 2001 Deborah L. Reichle Director of Governmental Affairs Cox Communications, Inc. 1400 Lake Hearn Drive, NE Atlanta, GA 30319 Re: Cox Cable Television Franchise Dear Deborah: Enclosed is a copy of the resolution approving a short-term extension of the Cox franchise which was approved at the December 19, 2000 City Council meeting. Please sign and return the Acceptance at your earliest convenience so that we will have a complete agreement. Thank you for your continued cooperation. Sincerely, ' Heather Woodruff City Clerk • 113 WEST MOUNTAIN 72701 501 521-7700 FAX 501 575-8257 • • January 9, 2001 VIA OVERNIGHT MAIL Ms. Heather Woodruff City Clerk City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 Re: Cox Cable Television Franchise Dear Heather: Cox Communications, Inc. 1400 Lake Hearn Drive, NE Atlanta, Georgia 30319 (404)843-5000 code COMMUNICATIONS Thank you for your letter of January 3, 2001, which enclosed a copy of the resolution approving the City's short-term extension of Cox's cable franchise. As requested, I have enclosed a signed Acceptance of the extension resolution. I appreciate your assistance, and that of Jerry Rose, in obtaining this extension. cc: Mr. Dennis Yocum (via facsimile) Sincerely yours Deborah L. Reichle Director of Government Affairs POLL AND RETAIN TNIR COPT BEFORE AFFIXING TO TME PACKAGE. • • RESOLUTION NO. 167-00 A RESOLUTION AUTHORIZING TCA CABLE PARTNERS TO TEMPORARILY OPERATE THE CABLE COMMUNICATIONS SYSTEM. WHEREAS, the City of Fayetteville, Arkansas ("City") passed and adopted an Ordinance (hereinafter referred to as the "Franchise") granting a non-exclusive franchise; and WHEREAS, the Franchise is currently held by TCA Cable Partners ("TCA"); and WHEREAS, pursuant to Section 47 U.S.C. § 546(a) TCA provided notification to the City of TCA's intent to seek renewal of the Franchise under 4 U.S.C. § 546(a -g); and WHEREAS, pursuant to Section 47 U.S.C. § 546 (a) the City properly commenced franchise renewal proceedings; and WHEREAS, the City and TCA have agreed, pursuant to 47 U.S.C. § 546(h), to conduct franchise renewal negotiations informally in an attempt to reach a mutually acceptable franchise agreement; and WHEREAS, the City and TCA are interested in continuing informal discussions and negotiations regarding franchise renewal; and WHEREAS, both the City and TCA desire to expressly reserve all of their respective rights under state and federal law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section . The City hereby authorizes TCA to operate the cable television system in the City of Fayetteville, in full compliance with all of the terms and conditions of the Franchise, for a period commencing on January 1, 200.1, and• continuingtthrough either the date of which TCA's Franchise is either renewed or until February 28; 20b1 whichever shall first occur. Section 2. This Resolution shall become effective upon the occurrence of both of the following conditions: 1) The resolution being passed and adopted by the City Council of the City of Fayetteville, and 2) TCA's acceptance of this resolution and the Franchise for the term specified in paragraph (1) above, provided TCA accepts and agrees •